HomeMy Public PortalAbout014-2011 - Parks - Richmond CWB LLC - FacilitFACILITY USAGE AGREEMENT
THIS AGREEMENT made and entered into this _16th day of February_, 2011, and referred to
as Contract No. 14 -2011 by and between the City of Richmond, Indiana, a municipal
corporation acting by and through its Board of Parks and Recreation (hereinafter referred to as
the "Department") and Duke Ward & Company by and through its Collegiate Wooden Bat
Baseball Team, known as Richmond CWB, LLC, P.O. Box 158, Richmond, Indiana, 47374
(hereinafter referred to as the "Team"). In consideration of the mutual promises exchanged
herein, it is agreed as follows:
I. GENERAL TERMS
1. Team will have full tenant use of the McBride Stadium (hereinafter "facility") for four
(4) years, effective January 1, 2011, until December 31, 2014. Additional tenancy
terms will be negotiated at the end of the term.
2. Team will pay thirty-five (35%) percent of all utilities (electric, natural gas, water and
sewer) each month during the term of this contract. A statement will be supplied to
the Team by the Park Department Business Manager each month and payment will be
made payable by the Team to the Richmond Park Department within fifteen (15) days
of receipt of the statement. Costs for other utilities, including but not limited to phone
and cable, will be the sole responsibility of the Team.
II. RESPONSIBILITIES OF THE TEAM
1. Team will be responsible for any customary preparation of the facility prior to Team's
scheduled activity and shall restore or repair the facility after each use so that the
facility will be ready for the next scheduled activity. The Department will allow the
Team to use the Department's equipment to comply with this term upon request by
the Team and upon reasonable availability of equipment.
2. Team will purchase all products that are field related, including but not limited to chalk
and field dry products.
3. Team will be responsible for the day-to-day maintenance, mowing, and upkeep of the
field, the entrance to the facility, and areas surrounding the field. Team will also be
responsible for day-to-day cleaning and basic maintenance of the offices, restrooms,
concession buildings, locker rooms, ticket offices, press box, and any other structure
on the premises.
Contract No. 14-2011
4. Team will be responsible for purchase of supplies to operate the facility, including but
not limited to toilet paper, paper towels, locker room supplies, and cleaning supplies.
5. Team will be cooperative with the Park Department and give priority scheduling to
Park Department events, provided that such events do not conflict with previously
scheduled events, and secondary scheduling priority, Richmond High School (Varsity
and Jr. Varsity) baseball teams, Earlham College baseball teams, and the American
Legion baseball teams. Team will provide the Department with a facility schedule via
e-mail once per month, or within a reasonable time upon request by the Department.
6. Team will make the facility available to other City of Richmond or Wayne County
baseball events when possible.
7. Team will provide ticketing and concession operations to all events conducted at the
facility. Each year, Team will reimburse the Park Department ten (10%) percent of
net sales on concessions after a net sales threshold of Five Thousand Dollars and No
Cents ($5,000.00) has been reached for the following events: Earlham College games,
Richmond High School games, American Legion games, and any City of Richmond or
Park Department initiated and/or promoted events. Reimbursements will be made
monthly once the yearly threshold is met. No other sale of food or drink will be
allowed.
III. RESPONSBILITIES OF THE CITY PARKS DEPARTMENT
1. City will maintain and provide the following responsibilities as landlord:
a. Maintenance and repair of structures;
b. Maintenance and repair of all mechanical systems including, but not limited to,
electrical, plumbing, HVAC, sewers, watering system, sound system, and any
City owned concession equipment;
C. Maintenance, repair and/or replacement of stadium lighting, including bulbs;
and
d. Maintenance and repair of roadways, traffic lanes, parking facilities, and
parking lot lighting.
2. City will provide all necessary trash receptacles (Rosie Rollers) including recycling
containers and dumpsters.
3. City will provide portable toilets necessary in the spring prior to water being turned on
in facility washrooms.
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IV. ADDITIONAL RESPONSIBILITIES
1. Pursuant to Indiana Code 22-9-1-10, Team, any sub -contractor, or any person acting
on behalf of the Team or any sub -contractor shall not discriminate against any
employee or applicant for employment to be employed in the performance of this
Agreement, with respect to hire, tenure, terms, conditions or privileges of employment
or any matter directly or indirectly related to employment, because of race, religion,
color, sex, disability, national origin, or ancestry.
2. This Facility Usage Agreement will be deemed to have begun on January 1, 2011 and
shall expire on December 31, 2014.
3. The Team will be issued no more than four (4) keys to the facility, which keys will be
issued no earlier than January 1, 2011, and must be returned to the Department no
later than December 31, 2014. Should the Team need more than 4 keys or should any
key be lost or stolen the fee will be Twenty-five Dollars and No Cents ($25.00) per
key, payable by the Team to the Department.
4. Team shall remove all trash and debris after each Team event and place any such trash
and debris into the provided trash receptacles or dumpsters at the McBride Stadium
and shall obey all rules and regulations set forth by the Richmond Parks and
Recreation Department and any applicable laws of the City of Richmond, Indiana.
5. Team shall procure a general liability insurance policy with limits of liability no less
than $2,000,000.00 per person and $2,000,000.00 per occurrence. The City of
Richmond shall be named as a co-insured on such policy. Team shall provide the
Department with a copy of such policy or Certificate of Coverage on or before
January 1, of each year and shall not be permitted to engage in activities at the facility
until proof of coverage is provided.
6. Team and its spectators must abide by all rules and regulations of the Department,
including but not limited to, any applicable posted hours.
7. Department may order Team to cease or relocate its activities at any time should it be
necessary for the proper use, safety or enjoyment of the facility. Reasons for such an
order could include, but are not limited to, damages to the facility due to natural
disasters ("Acts of God") or extreme weather events, damages to facility by parties
outside this Agreement which affect the safety of the facility, or breach of this
Agreement by Team.
8. Team agrees to indemnify, release, and hold harmless the City of Richmond, the Parks
Department, and all employees, officers, or agents of the same of any liability that may
arise from the use of the facilities by the Team. Likewise, the City and Park
Department agree to indemnify, release, and hold harmless the Team and all
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employees, officers, or agents of the same of any liability that may arise from the use
of the facilities by the Park Department.
9. This Agreement is personal to the parties hereto and neither party may assign or
delegate any of its rights or obligations hereunder without the prior written consent of
the other party. It shall be controlled by Indiana law and shall be binding upon the
parties, their successors and assigns. It constitutes the entire Agreement between the
parties, although it may be altered or amended in whole or in part at any time by filing
the Agreement a written instrument setting forth such changes by both parties.
10. This Agreement may be simultaneously executed in several counterparts, each of
which shall be an original and all of which constitute but one and the same instrument.
11. The parties hereto submit to jurisdiction of the courts of Wayne County, Indiana, and
suit arising under this Agreement, if any, must be filed in said courts. The parties
specifically agree that no arbitration or mediation shall be required prior to the
commencement of legal proceedings in said court
12. Any person executing this Agreement in a representative capacity hereby warrants that
he or she has been duly authorized by his or her principal to execute this Agreement.
13. In the event of any breach of this Agreement, and in addition to any damages or
remedies, the breaching party shall be liable for all costs incurred due to the
enforcement of this Agreement, including but not limited to reasonable attorney's fees.
14. A breach of this Agreement shall include, but not be limited to, failure of Team to
comply with any of the terms of this Agreement, failure to procure and maintain
appropriate levels of general liability insurance as set forth in the terms of this
Agreement, or failure to adhere to all federal laws, state laws, and local ordinances. In
the event Team is able to cure or resolve any action or situation that caused the
breach, City will not hold Team in default if such cure is able to be performed within
thirty (30) days of the date breach is deemed by the City to have occurred. City shall
provide Team with written notice of the breach by first-class mail, and Team shall have
thirty (30) days from the receipt of notice of breach or default to perform said cure.
15. In the event Team is unable to cure or resolve the breach, City may declare Team in
default and breach of this Agreement, and shall proceed with any action necessary to
take possession of the facility. In the event of an emergency, City shall immediately
proceed with any action necessary to take possession of the facility. City may
terminate this Agreement in whole or in part, for cause, at any time by giving at least
five (5) working days written notice specifying the effective date and the reasons for
termination.
16. In the event that an ambiguity or question of intent or a need for interpretation of this
Agreement arises, this Agreement shall be construed as if drafted jointly by the parties,
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and no presumption or burden of proof shall arise favoring or disfavoring any party by
virtue of the authorship of any of the provisions of this Agreement.
"CITY"
THE CITY OF RICHMOND, INDIANA by
and through its Board of Parks and
Recreation
By:_S/S Karen Montgomery
Karen Montgomery, President
By:_S/S Mike Foley
Mike Foley, Vice President
By:_S/S Gary Turner
Gary Turner, Secretary
By:_S/S Avis Stewart
Avis Stewart, Member
Date: February 16, 2011
APPROVED: S/S Sarah L. Hutton
Sarah L. Hutton, Mayor
Date: February 17, 2011
"CONTRACTOR"
RICHMOND CWB, LLC
By:_S/S Deanna Beaman
Printed: (—Deanna Beaman )
Title: —General Manager
Date: February 23, 2011
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